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A BILL TO BE ENTITLED
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AN ACT
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relating to immunity from liability of public and private schools |
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and security personnel employed by those schools for certain |
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actions of security personnel. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 37, Education Code, is |
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amended by adding Section 37.088 to read as follows: |
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Sec. 37.088. IMMUNITY FROM LIABILITY. (a) In this |
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section: |
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(1) "Retired peace officer" has the meaning assigned |
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by Section 1701.3161, Occupations Code. |
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(2) "Security personnel" includes: |
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(A) a school district peace officer; |
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(B) a school marshal; |
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(C) a school resource officer; and |
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(D) a retired peace officer who: |
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(i) has been hired by a school district, |
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open-enrollment charter school, or private school to provide |
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security services; or |
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(ii) volunteers to provide security |
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services to the school district, open-enrollment charter school, or |
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private school. |
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(b) A school district, open-enrollment charter school, or |
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private school is immune from liability for any damages resulting |
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from any reasonable action taken by security personnel to maintain |
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the safety of the school campus, including action relating to |
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possession or use of a firearm. |
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(c) A school district, open-enrollment charter school, or |
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private school is immune from liability as provided by Subsection |
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(b) for any damages resulting from any reasonable action taken by a |
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school district, open-enrollment charter school, or private school |
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employee who has written permission from the board of trustees of |
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the school district or the governing body of the open-enrollment |
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charter school or the private school to carry a firearm on campus. |
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(d) Any security personnel employed by a school district, |
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open-enrollment charter school, or private school is immune from |
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liability for any damages resulting from any reasonable action |
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taken by the security personnel to maintain the safety of the school |
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campus, including action relating to possession or use of a |
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firearm. |
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(e) The statutory immunity provided by this section is in |
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addition to and does not preempt the common law doctrine of official |
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and governmental immunity. To the extent that another statute |
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provides greater immunity to a school district, open-enrollment |
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charter school, or private school than this section, that statute |
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prevails. |
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SECTION 2. This Act applies beginning with the 2019-2020 |
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school year. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2019. |
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* * * * * |